Apple “Genius” Employees File Wage & Hour Class Action Lawsuit Against Apple Over Rest Break and Rest Period Pay.
A class action lawsuit was filed against Apple, Inc. in San Francisco County Superior Court (styled Steve Camuti v. Apple, Inc., Case No. CGC 09-492590), alleging that Apple denied persons employed in non-exempt hourly paid “Genius” positions in California rest breaks without paying wages for that time in violation of California law, according to class action lawsuit news reports.
The Apple Genius class action lawsuit reportedly seeks to recover unpaid wages, penalties, an injunction and other equitable relief and fees and costs for the period of September 15, 2005 through the present.
For more information on the Apple Genius class action lawsuit, read the Apple Genius class action complaint or visit the Apple Genius California Employment Class Action Lawsuit website:
appleemploymentclassaction.com
If You Have Thoughts On The Apple Genius Wage & Hour Class Action Lawsuit Over Rest Breaks, Share Your Class Action Comments Below.
I currently have a Wage Claim case against my employer, who contracted me into Apple for a period of three years in Cupertino HQ. I, and few others, worked in the ECS Departments Help Desk, supporting Design and Test Engineers local and worldwide.
Support was 24×7 due to “On-Call” supporters, and Help Desk availability during work hours. We were allowed rest periods and breaks, but they were not, in my opinion, “Uninterrupted”. All Help Desk members were compelled to get lunch and return to their desks to continue working on Trouble Tickets received during his or her shift. We were required to answer the phones at all times, even if not on Help Desk duty, and always be available and ready to backup anyone requiring technical assistance. We were considered tier one, or front-line support.
I normally worked from 6:30AM to 4:15 or 5:15PM, depending on the day’s activities. I also caught the ACE train which provided me early access to Apple, but no transportation otherwise. I chose to eat at my desk and work through lunch for the majority of the time I was at Apple. We were permitted a lunch period and breaks, but most of us preferred to work through them. The reason behind this was everyone’s total production and performance was directly tied to the number of incidents/trouble tickets he or she received and closed. It was in our best interest to work through lunch and resolve as many tickets during this time. Good performance resulted in recognition, bonuses, and preferential treatment by Management.
My question and or comment, which relates to me personally is; If I started work at 6:30AM, and was required to complete my six hour shift (ending 12:30PM) before getting a lunch break, is Apple in violation of the “Rest and Break Period” law? My work hours clearly have me working over five hours without an uninterrupted meal break after the fifth hour of work. From what I am told, since Apple “Allowed” meal breaks, means that the rule does not apply in my case. I see that your complaint states that Apple denied such breaks, therefore allowing you to claim the additional hour penalty awarded the plaintiff.
I was told that all the employer has to do to avoid this ruling is to allow breaks period, and working the entire day without an “uninterrupted” break is perfectly fine, as long as you are paid.
Inclosing, I want to mention that my wage claim came as result of Apple and my company miss classifing me as “Exempt”, and was not due overtime pay. Oakland Labor board has heard my case, and has asked my previous employer to pay the Overtime I requested. I originally tried to claim the “Rest and Break Period”, but was told that Apple did not deny me these breaks or deny me time for lunch period.
But I also have no punch card information showing my real hours as an hourly employee. My claim for overtime due to taking my lunch and working at my desk, has to be proven by my employer and Apple.
Thanks,
Ira